District of Columbia Security Agreement for Promissory Note

State:
Multi-State
Control #:
US-00601-F
Format:
Word; 
Rich Text
Instant download

Description

This Security Agreement for Promissory Note is an agreement that the Lender has required as a condition to making the Loan to the Borrower. The Borrower will offer collateral to the Lender in return for the advancing of the loan. This form can be used in all states.
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  • Preview Security Agreement for Promissory Note
  • Preview Security Agreement for Promissory Note
  • Preview Security Agreement for Promissory Note
  • Preview Security Agreement for Promissory Note
  • Preview Security Agreement for Promissory Note

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FAQ

For a security interest to attach, the following events must have occurred: (A) value must have been given by the Secured Party; (B) the Debtor must have rights in the collateral; and (C) the Secured Party must have been granted a security interest in the collateral.

Certain specific requirements are required for the security agreement to form the foundation for a valid security interest, namely 1) it must be signed, 2) it must clearly state that a security interest is intended, and 3) it must contain a sufficient description of the collateral subject to the security interest.

Security agreement. In other words, the debtor must sign the agreement. (The UCC uses the term "authenticate" to include the possibility of electronic signatures.) A security agreement normally will contain a clear statement that the debtor is granting the secured party a security interest in specified goods.

The security agreement must: be signed (or authenticated) by the debtor and the owner of the property, contain a description of the collateral and. make it clear that a security interest is intended.

Two other methods of perfection are available both to outright buyers of promissory notes and to persons who take security interests in them. Those methods are (1) filing of a financing statement (§ 9-312(a)) and (2) taking possession of the note (A§ 9-313(a)).

A secured promissory note may include a security agreement as part of its terms. If a security agreement lists a business property as collateral, the lender might file a UCC-1 statement to serve as a lien on the property. A security agreement mitigates the default risk faced by the lender.

Overview: The debtor typically represents and warrants to the secured party that: the debtor has suf- ficient rights in, or power to transfer rights in, the collateral for the secured party's security interest to attach (§9-203(b)(2)); the collateral is either not encumbered or, if encumbered, the encumbrances are

The security agreement must: be signed (or authenticated) by the debtor and the owner of the property, contain a description of the collateral and. make it clear that a security interest is intended.

However, generally speaking, the primary ways for a secured party to perfect a security interest are:by filing a financing statement with the appropriate public office.by possessing the collateral.by "controlling" the collateral; or.it's done automatically upon attachment of the security interest.

The debtor must authenticate the security agreement by signing a statement that announces the intention to grant a security interest in the property specifically outlined in the security agreement.

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District of Columbia Security Agreement for Promissory Note